BEFORE ATTENDING ANY YOGA THINK TANK EVENT OR ACCESSING ANY YOGA THINK TANK MATERIALS, YOU ACKNOWLEDGE THAT:
● YOU HAVE READ THIS AGREEMENT,
● YOU UNDERSTAND IT, AND
● THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Yoga Academy, LLC located at 906 State St., Bowling Green, KY 42101 (“YOGA ACADEMY”), and the Student (“YOU”).
WHEREAS, YOGA ACADEMY is engaged in providing free and paid yoga and business education opportunities including, but not limited to live training, online workshops, online training, videos, PDFs, and more; and WHEREAS, YOU desire to engage YOGA ACADEMY to provide education or training to YOU in the form of live teaching, worksheet materials, workshops, practicum requirements, and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Program Fees
1.1. Programs: Under the terms of this Agreement, YOGA ACADEMY agrees to provide yoga or business education to YOU including, but not limited to, in the form of live teaching, worksheet materials, workshops, videos, and online materials (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
The program is a workshop that may include live training, bonus materials, videos, and PDFs.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee in full or the beginning of your subscription to the payment plan of ten automatic payments. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the YOGA ACADEMY workshop.
1.1.3. Termination: YOGA ACADEMY may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Membership Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay YOGA ACADEMY a non-refundable, non-creditable fee for the workshop.
The amount shall be charged out upfront unless or if a payment plan is offered that YOU choose. Discontinuation of the program does not allow you to cease payment. YOU will still be liable for on time automatic payments to complete the payment plan.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of the Program(s) offered by YOGA ACADEMY, YOU affirmatively agree and acknowledge that YOGA ACADEMY and the applicable third party Workshop Partner (defined as the person or entity delivering the core value in the workshop) may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts, and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4. No Refunds: YOGA ACADEMY abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by YOGA ACADEMY. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of such Program(s), YOU are taking full responsibility for YOUR OWN success, health, and well being. Thus, YOU agree that you will not request a refund or credit.
SECTION 2: NO WARRANTIES
2.1. Success and safety not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that YOGA ACADEMY provides Program(s) related to training only and guarantees no specific results. YOU take full responsibility for YOUR own success and safety.
2.2. Limited Liability: In no event will YOGA ACADEMY be liable to YOU or any party related to you for any damages, including damages for losses of any kind, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if YOGA ACADEMY has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by YOGA ACADEMY by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, Worksheet or any login member credentials to any third party, or use the Documentation, Video, Audio, Worksheets or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, Worksheets and other elements of the program are either the sole Intellectual Property of YOGA ACADEMY under United States copyright, trademark and other intellectual property laws and international treaties or potentially the sole Intellectual Property of a third party Workshop Partner that YOGA ACADEMY has rights to distribute under specific contractual terms and specifications. YOU further acknowledge and agree that, as between YOU and YOGA ACADEMY, YOGA ACADEMY and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, Worksheets, and other elements of the Training, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, Worksheets and other elements of the Training, or any other intellectual property rights of YOGA ACADEMY whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that HARMONY uses in connection with services rendered by YOGA ACADEMY are marks owned by YOGA ACADEMY. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold YOGA ACADEMY, its agents, contractors, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and YOGA ACADEMY concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with YOGA ACADEMY relating to the Program, whether oral or written.
4.4. Amendment: YOGA ACADEMY reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.workshop.yogathinktank.com.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America. The venue for any dispute shall be in Warren County, Kentucky.
BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.